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Fight against children's homelessness in the south of Russia (historical retrospective)

 © 2007 of V. Salakhodinov


Among the people of the Northwest Caucasus Islam appears approximately in the 16th century [1, page 106]. To tribes of Adyghe it gets by means of carrying out aggressive policy by the Ottoman Empire on the Black Sea coast and also through tribes of Abazins and Nogais [2]. Intensive strengthening of Moslem doctrine happens after occupation of the Black Sea coast by Turkey as Turks used Islam as "ideological justification of the aggressive policy" [3. page 165]. In parallel with Ottomans also the Crimean khans carried out Islamization of local community.

It should be noted that most strongly Islam was approved on the coast where the local community had rather long economic relations with the Ottoman Empire. Around Anapa, along the Kuban River the former inhabitants of the Turkish fortress who owing to the influence and an example promoted adoption of Islam by locals did business. The traveler George Bell in the diary noted that "from Gelendzhik and on some distance in the country where influence of Turks weakened, to Moslem obvious traces of Christian ceremonies were added" [4, page 100]. Penetration of Islam, and earlier and Christianities in depth of mountains was slow and not always successful. It was connected with the fact that a flat part was always more available to mis-siansky activity, "for which there was a barrier a difference of language and the inaccessible area of the Caucasus Mountains" [5, page 173]. In this regard in the mountain area, pagan beliefs were strong. Over time the traditional religion of Adyghe gradually incorporated Christian, and later and Islamic ceremonies.

At the end of XVIII - the first half of the 19th century the mountain civilization and the traditional culture of the North Caucasian people underwent considerable transformation. During this period the mountain people experienced "self-identification crisis".

Along with strengthening of political impact of the Russian Empire in the second half of XIX - the beginning of the 20th century there is a penetration into the North Caucasian culture of the Russian education and national traditions. The North Caucasian culture quickly enough joined the universal system of the Russian culture and adapted to it. Gradually the process of formation of the Russian-Caucasian culture which captured national elite, a part of the center of mountain society and the Russian population of the region began. However, the bulk of mountaineers remained out of impact of the Russian influence [6, page 47-48].

The independence loss threat, need of overcoming ethnic, clan and social dissociation strengthened Islamization of the North Caucasus which became one of the reasons of integration of the mountain people. According to V.V. Chernous, it led to the Caucasian war which he considers as the tsiviliza-tsionno-cultural conflict [7, page 157].

Cultural integration promoted strengthening of economy of the region. The settling of the North Caucasus caused, according to B.N. Mironov, by process of agrarian overpopulation in the Central part of Russia was one of aspects of economic growth. The government solved this problem, moving excess population to other areas, in particular to the Caucasus [8, page 27].

The Tsar's administration in the attached territories of the North Caucasus dealt with mainly military and recovery problems. Generals and officers had to resolve civil issues, to reconcile socio-political elite of the local people, to arrange well the cities, to construct roads, etc. [9, page 173].

After defeat in the Crimean war to autocracy the awareness of need of some liberalization of a socioeconomic and socio-political system of the country came. The government begins to undertake a number of the reforms directed to change of current situation. The subsequent period (in the second half of XIX - the beginning of the 20th century) was defined by transformations 1860 - the 1870th, stimulating transition from the system of forced labor to free, from administrative and mobilization methods of modernization to market and capitalist. In the technological plan this era corresponded to - and wounds - not industrial stage of modernization which it was characterized by transition from a manufactory to mechanical or factory production, transformation of an instrument of labor from manual in mechanical, emergence and widespread introduction in production of cars.

As the academician V.V. Alekseev specifies, rhythms of moder-nizatsinny subprocesses in technical and technological, economic and economic, political and legal spheres were not synchronous. He notes that institutional changes of 1860 - had the 1870th great political and social value and promoted transition to capitalist modernization. But their rotary value, according to him, should not be overestimated as they did not divide century into two absolutely multi-vector sets. It was caused by the fact that, first, such institutional restrictions as the serfdom and forced labor, were overcome by people long before 1861, in particular in the Urals. Secondly, despite the braking influence of the serfdom, technical innovations began to take root into the industry long before 1861. Thirdly, on the one hand, the market relations won economic and social niches even before bourgeois reforms, with another - the last led to instant and universal introduction in economy of market mechanisms of managing. Elements noneconomic

coercions remained for a long time. After an abolition of serfdom of a condition of release of peasants for a long time attached them to the earth, forcing to work on the basis of semi-feudal working off [10, page 58-59].

Carrying out reform was begun with the Central part of the country, and then on its outskirts including in the North Caucasus which lagged behind Russia in economic development. Such gradual policy in relation to the national outskirts of the empire was dictated by need "to adapt a social system of the people of the North Caucasus for requirements of economic development of the Central Russia" [11, page 7-8]. Though in the region there were no pronounced economic contradictions as in the central provinces, here besides economic lag there were also social problems which solution in many respects depended on reform.

The phasing and care was the main feature of carrying out reforms in the North Caucasus. In the light of not stopping propaganda of locals by foreign agents to resettlement to Turkey, the authorities considered risky open approach to the rights of princes and noblemen [12]. The government pursued two aims: preservation of the former relations with local elite, avoiding of the imminent social protest from mountain peasants. They were faced by one more task: creation of free land fund.

The principles used earlier in the Tersky region were the basis for reforms in the Northwest Caucasus. According to "The provision on the device of land life of mountain tribes of the Kuban region", the population of the area was divided into three categories [13, page 388]. The large land plots in hereditary and family use were allocated to persons of the first and second categories which were marked out with merits before the state and descent according to the provision of each surname. To persons of the third category consisting of peasants community members - on 7 des. on male soul as communal possession [14, page 66]. However by "Situation", investment with the earth of lackeys and serfs (unaut) was not provided, was considered that they have to use lands from sites of the misters.

The land reform was begun with investment with the earth of feudal owners of the Nogai and Abazin people of the Upper and Lower Kuban pristavstvo which were actively promoting carrying out an internal course of tsar's authorities. In our opinion, the choice of these people was caused not so much by their devotion to the tsarist government how many the fact that other mountain population of the area or was in confrontation with the authorities, or it was moved to Turkey.

Due to the accounting of the forthcoming abolition of serfdom the government recognized as necessary to increase allotments to representatives of the third category and also to allocate serfs (unaut) with the land plots. In general, controversial issues which could arise between the former peasants and their owners under the section of property, it was offered to solve by means of an adat [15, page 396]. Thus,

at execution of government initiatives of the power tried to be guided by the traditional right of mountaineers, but not the Islamic right - Sharia.

Further carrying out reforms made a bigger change to political and economic development of the region. In Russia the abolition of serfdom became ripe during a certain economic development of the industry and low labor productivity in agriculture.

As well as in other parts of the country, peasant reform caused ambiguous reaction of ruling elite of any given region. Archive materials demonstrate that among the mountain people the distribution of peasants was not uniform in categories. In various districts any given category increased or decreased. The total number of the dependent population was small in comparison with other areas of the Russian Empire [15]. The land reform was undertaken for the benefit of the nobility and mountain feudal lords and also representatives of the highest mountain estate and supported by the mountain nobility as, on the one hand, did not contradict Islam, with another - gave the chance of further use of earlier dependent population owing to high redemption payments. The North Caucasus with the agrarian agriculture dominating at that time was involved in the formed world economy.

Economic changes happened not only under the influence of an abolition of serfdom, but also as a result of policy of settling of mountain territories by the Russian-speaking population. With appearance in the Northwest Caucasus of nonresident inhabitants, change in economy began to proceed quicker. But it, as a rule, concerned flat territories and big cities where immigrants lodged more willingly.

Processes of settling of the Northwest Caucasus were the most intensive. The first immigrants were included in the category of radical and had the right for acquisition of the land plot; the same who moved after distribution of lands concerned non-residents. In places of compact accommodation of the mountain population the number of nonresident inhabitants was much less. For example, according to contemporary records, in the territory of the Tersky region, only the local community lived in the areas inhabited mainly by Kabardians and Balkars in the first post-reform years. Appearance of non-residents was fixed by the end of the 19th century and, as a rule, they did not make the majority among the population [17]. In the territory of Adyghe there were similar processes. It demonstrates that among representatives of the mountain population not only national traditions, but also intra communal communications which interfered with appearance of representatives of other nationalities and religions were rather strong.

Modernization processes of the second half of the 19th century contributed to the fast development of national economy. As for the North Caucasus, here implementation of modernization transformations was always connected with relationship of local ethnic culture and the norms brought from the outside. Therefore

results of these reforms are predetermined not only by own contents of reformatory programs, but also degree of their compatibility with local sociocultural tradition.

Reforms 60 - the 70th of the 19th century were carried out after completion of the Caucasian war and were directed to steady integration of local communities into the socio-political system of the Russian Empire compatible to traditions of the local people

Economic changes adjoined to social transformations. Peasant reform promoted change of the economic and personal relations of peasants and former owners, and the structure of mountain society underwent certain changes. In the course of economic transformations the mountain society faced it, the phenomenon, earlier not known for itself as marginalization. According to V.N. Shevelyov, modernization was always followed by significant changes in life of society and the person, involving change of "invariants of cultural tradition" which correspond to this ethnic group. Invariable is only a kernel of culture of the people which helps to keep criterion of belonging to this ethnic group. S.A. Lyausheva fairly notes that until the kernel of culture is not destroyed, the ethnic group keeps the identity, changing only a form of its expression. Culture elements depending on socio-political conditions are built around a kernel [18, page 71-72, 181]. It notes that the created image of the world inherent in any given ethnic group has to be steady at contact with new reality and, therefore, in ethnic culture the protective mechanisms supporting internal integrity of an ethnic picture of the world have to be put. Islam which defined both economic, and political legal bases of the mountain people was such ethnic culture for most of residents of the Northwest Caucasus.

Under the European influence not only the economy, but also the legal framework of the countries of Asia and the East changed. So, in XIX - the beginning of the 20th century in the east of the sharia legislation secular laws succeeded. James Norman Anderson, the western specialist in Islamic studies, described two types of reforms which were undertaken during this period in the Muslim countries. The first look was characterized by the fact that to replace Sharia in such areas as commercial and criminal law, and the laws borrowed from the outside and applied in the system of secular legal proceedings came to some other. The second look was characterized by the fact that even the significant changes concerning application and interpretation of Sharia were made to family law (the fact is that at that time all affairs connected with family law in the majority of the Muslim countries were considered in special sharia courts). Other lawyer, Herbert Le-besni, described refusal of sharia legal proceedings under the influence of the secular legislation which confirmed the commercial right. It meant that in this area there were first and most considerable derogations from Sharia in favor of secular law. Then foreign influence and replacement of sharia norms with the secular legislation gets into the sphere of criminal law, into the laws regulating tenure in contract and civil law. The family law and an order of inheritance owing to Islamic traditions remained less affected sphere, and the related questions understood under Sharia all Muslim world [19, page 16-17].

When carrying out judicial reform in the North Caucasus the judicial charters of 1864 extended to the Russian population, and on the mountain population of Tersky and Kuban regions is not present. For it special "Provisional rules for mountain verbal courts of the Kuban and Tersky regions" which had to work "before full introduction" judicial charters of November 20, 1864 were introduced. Up to this point all legal proceedings happened in mountain verbal court under the chairmanship of the district or district chief, his assistant and deputies from local community. In the note to the document it was said that the order of election and the statement of deputies, candidates and the qadi is defined by the special instruction of the Caucasian deputy. Application of Sharia was provided by action of Articles 50 and 51. According to them, "the mountain verbal court solves cases on the basis of local custom (adat) and only on those affairs on which the custom did not develop, are guided by the general laws of the Empire" [20, page 238]. On the basis of Sharia the following affairs understood: the conclusion and divorce, about personal and property rights, about legality of the birth and about inheritance. At analysis of the affairs which are subject to sharia jurisdiction, the court listened to opinion of the qadi, but it was completely considered only according to divorce cases.

Besides criminal and civil law the influence of the Muslim legislation was traced in such area as finance. In the second half of the 19th century the modernization changes affected the majority of the countries of the East. The authorities of the Russian Empire faced the same problem at the beginning of the 20th century when percentage papers of domestic military loans were introduced into circulation. In the interdepartmental relation of the Ministry of Internal Affairs it was said to the Ministry of Finance that "the Russian Muslims take very small part in acquisition in many areas... loans". The low activity of the musulmann-sky population of the power was written off for "the known stagnancy", "the low general level of development" and traditions. Among the Russian theologians there was no consensus on the matter. Orthodoxly adjusted representatives of clergy claimed that the Prophet strictly forbade receiving percent in the form of the general rule, without allowing in this regard any exceptions. Others, moderate, interpreted these norms as the ban on personal enrichment when using a difficult financial position of the debtor. Supporters of this direction considered that the bans of Sharia do not belong to the loans made by community or the state. Taking into account these opinions contradicting each other, the authorities it was offered to the high-ranking administrative officials of all areas and provinces, it is dense

inhabited by Muslims, to pay attention to the relation of the local Muslim community to the state military loans. In parallel it was required to send requests to "spiritual chapters of Mohammedans for admissibility of participation of Muslims in military loans on the law of their religion". Spiritual leaders were offered to give "explanations to flock and to facilitate in general dissemination of the mentioned loans" [21, page 115-116].

This example demonstrates that the policy which is carried out from the second half of the 19th century by the government had the results. On the one hand, the authorities received loyal representatives of Muslim clergy, with another - spiritual leaders of Muslims held authority from outside not only parishioners, but also the state.

From the moment of the emergence in the North Caucasus Islam was organically included in mentality of the mountain people. For all the 19th century there was a forward process of Islamization of the people of the Caucasus. Its strengthening was promoted in many respects by military opposition with the Russian Empire. However after completion of the Caucasian war the process of Islamization did not turn back. On the contrary, the authorities promoted strengthening of religious self-identification of the local Muslim community and development of religious education. When carrying out reforms the Tsar's administration considered influence of Islam on sociocultural life of the mountain population and sought to use it for economic, political and legal development of the Northwest Caucasus.


1. See: E. Spencer. Travel to Circassia. Maykop, 1998. Page 106.
2. Sh.B. Nogmov. History of the Adygei people made according to legends by Kabardians. Nalchik, 1994; A.I. Lilov. Essays from life of mountain Muslims//Sb. materials for descriptions of areas and the tribes of the Caucasus. Tiflis, 1886. Issue V.
3. A.V. Avksentyev. Islam in the North Caucasus. Stavropol, 1973.
4. J. Bell. Diary of stay in Circassia. Nalchik, 1978.
5. P.A. Zubov. Kartina of the Caucasian edge belonging to Russia, and adjacent to it lands in historical, statistical, ethnographic, the finanarmavirsky state pedagogical university

to owls and trade relations//Russian authors

XIX century about the people of Central and Northwest Caucasus Mountains. Nalchik, 2001. T. 1.

6. A.V. Lubsky. Conflict factors in the south of Russia: Methodology of a research and social realities. Rostov N / D, 2005.
7. V.V. Chernous. The Caucasian mountain civilization - the subject of civilization and cultural interaction in the Black Sea and Caspian region. Rostov N / D, 2004.
8. B.N. Mironov. The social history of Russia of the period of the empire (XVIII - the beginning of the 20th century). SPb., 1999. T. 1.
9. V. Degoyev Caucasus and imperial idea//Star. 2004. No. 6. Page 173.
10. V.V. Alekseev. Experience of the Russian modernizations of XVIII XX centuries of M., 2000.
11. Culture and life of the people of the North Caucasus (1917 - 1967) / Under the editorship of V.K. Gordanov. M, 1968.
12. GARF, t. 109, op. 22, 228, l. 11.
13. Essays of history of Adygea. Maykop, 1957. T. 1.
14. P.A. Gavrilov. Device of land life of mountain tribes of the North Caucasus//Sb. information about the Caucasian mountaineers. Tiflis, 1869. Issue 2.
15. GAKK, t. 774, op. 2, 384, l. 21, 21 about, 22, 23, 37, 38 about, 40, 42, 44.
16. State automated system of KBR, t. I-6, op. 1, 477; t. I-2, op. 1, 654; t. I-6, op. 1, 481, l. 3 about-4.
17. NARA, t. I-73, op. 1, 1; t. I-72, op. 1, 1; t. I-21, op. 1, l. 28; t. I-21, op. 1, 608, l. 8, 11; t. I-21, op. 1, 1; t. I-21, op. 1, 2.
18. V.N. Shevelyov. North Caucasian society: modernization, traditional character, marginality//Traditionalism and modernization in the North Caucasus. Rostov N / D, 2004; Lyausheva S.A. Traditions and mechanisms of cultural adaptation//In the same place.
19. Abdullahi Ahmed An-Naim. On the ways to Islamic reformation (civil liberties, human rights and international law). M, 1999.
20. The provisional rules for mountain verbal courts of the Kuban and Tersky regions made on the basis of the 5th paragraph of the Royal decree on Dec. 30, 1869//the Kuban help book of 1891 Ekaterinodar, 1891.
21. Difficulties of permission of a Muslim question are not denied by Muslims. Interdepartmental relation of the Ministry of Internal Affairs to the Ministry of Finance//Russian archive. 2003. No. 4. Page 115.

On March 23, 2007

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